We are pleased to announce that Yuliya (“Julia”) Polishchuk has been hired by the firm as an associate attorney to practice in the areas of estate and trust planning, probate administration, and corporate law. Julia obtained her J.D. from Emory University School of Law with Honors and a Certificate in Transactional Law in May of 2021. Julia recently moved from Chicago, Illinois to begin her employment with the firm. She is currently preparing for the Georgia Bar Exam, which she anticipates taking this upcoming February. Julia will be assisting Don DeLoach with the firm’s estate, trust and corporate planning practice until her licensure.
Rob Carlson has been recognized as one of Georgia Trend Magazine’s 2022 Legal Elite for excellence in trust and estates litigation. Rob is the firm’s managing partner and has practiced as an estate, trust and fiduciary litigator with the firm for over 20 years. We are honored that Rob has been selected by his peers for inclusion in Georgia Trend’s 2022 list of Georgia’s top attorneys.
Peter Rivner has been recognized in the 2022 edition of The Best Lawyers in America for his practice in the areas of Family Law Arbitration and Family Law Mediation. Inclusion in Best Lawyers is based on a rigorous peer-review survey compromised of more than 10.8 million confidential evaluations by top attorneys. With the demand for alternative dispute resolution increasing, Peter is very pleased to have been recognized by his peers for providing his clients with excellent representation at mediation and arbitration.
On August 10, 2021, the Supreme Court of Georgia issued a landmark ruling in favor of our client concerning the “Apportionment Statute” (O.C.G.A. § 51-12-33). As a result of the ruling, damages awarded to plaintiffs in tort lawsuits brought against a single defendant are not reduced for the fault of non-parties. The ruling, which addressed an issue of first impression in Georgia, has profound implications for plaintiffs in all types of tort lawsuits regardless of the subject matter. The Supreme Court’s ruling followed a two-and-a-half week trial in 2017 where a jury awarded over $2 million to our client. Harmon Caldwell and Jeremy Moeser tried the case and briefed the issues on appeal along with Harry MacDougald. Mr. MacDougald argued the Apportionment Statute issue before the Court of Appeals and the Supreme Court, and Mr. Moeser argued other issues before the Court of Appeals that the Supreme Court did not address. The ruling can be found at Alston & Bird LLP v. Hatcher Management Holdings, LLC, Supreme Court of Georgia, Case No. S20G1419 (Aug. 10, 2021): https://www.gasupreme.us/wp-content/uploads/2021/08/s20g1419.pdf
Chris Wilkerson and Christine Buckler won a contested emergency hearing in the Gwinnett County Probate Court on behalf of their 90-year old client. Chris and Christine were hired just two days before the scheduled hearing to defend their client against his spouse’s petition to become his emergency guardian and conservator, but were able to locate several key witnesses and documents to aid in their client’s defense. After hearing from six witnesses and argument of counsel, the Court denied the emergency petition.
On February 1st, Floyd Propst, our long-time friend, partner, mentor, and the best Probate Judge Georgia has ever had, will be transitioning to his solo practice and to care for his beloved wife Laurie. We are profoundly grateful for the wise counsel, warm fellowship, and honor that Floyd brought to the firm by joining us in 2004 following his 25 years of distinguished service as Fulton County Probate Court judge. We look forward to our continued collaboration with Floyd on existing and future cases. We are also proud to announce that the firm name will be Caldwell, Carlson, Elliott and DeLoach, LLP and congratulate Rob Carlson and Chris Elliott as our newest named partners.
Rob Carlson and Lauren Miller obtained summary judgment in favor of their clients in a will contest challenging the disposition of an approximately $2.1 million estate. (In re Estate of Valerie Adams Fleming, Estate No. 2017-0740). The firm’s clients are two beneficiaries of the will, which the testator’s sons challenged on the grounds of lack of testamentary capacity, undue influence, and monomania. Rob and Lauren successfully argued that there was insufficient evidence to invalidate the will, thereby authorizing its admission to probate in the Probate Court of DeKalb County.
Harry MacDougald and Chris Wilkerson, representing an insured, won reversal of a summary judgment that had been granted to the insurer holding there was no coverage in Joseph v. Certain Underwriters at Lloyd’s London A20A0111. The Court of Appeals agreed that the trial court incorrectly relied on certain caselaw and incorrectly concluded there was no question of fact about the insured’s pre-policy knowledge that a claim had been or might later be asserted. The Georgia Supreme Court denied the insurer’s petition for certiorari on March 15, 2021.
In the long running legal malpractice case, Hatcher Management Holdings, LLC v. Alston & Bird, LLP, Harry MacDougald and Jeremy Moeser on behalf of the plaintiff obtained reversal of adverse rulings reducing the jury’s award of $2.1 million in damages. First, the Court held that in a single-defendant case, the defendant’s liability is not reduced for non-party fault. Second, the court held that an award of attorneys’ fees under O.C.G.A. § 13-6-11 was not subject to apportionment. The Court rejected, however, our claim for pre-judgment interest. Cross petitions for certiorari are pending in the Supreme Court.
Chris Wilkerson won a contested hearing in Fulton County Probate Court on behalf of two adult children seeking to become their father’s guardian and conservator. After hearing lay and expert evidence, the Probate Court appointed one of the firm’s clients as guardian and both as co-conservators, finding that their father had been financially exploited by a caregiver and was subject to exploitation and undue influence from others.
